If you’re reading up on cerebral palsy lawsuits because you’re considering filing one yourself, you may have heard the term “res ipsa loquitur.” This is a legal term that applies to some cases of negligence. It also specifically applies to a great many claims filed involving medical malpractice. It’s not easy to understand, and like everything involving the law, there are specifics that may be different in some locations than they are in others.
Definition
Res ipsa loquitur is a Latin term that translates to “the thing speaks for itself.” Essentially, it means that the results of medical negligence provide adequate evidence that medical negligence was, in fact, a contributing factor in your child’s birth injury.
Normally, proving medical negligence requires the attorney to establish that there was a doctor-patient relationship, that the doctor somehow violated that doctor-patient relationship, and that violating that doctor-patient relationship was the cause of the injury (and that the person was harmed in a way that can be recognized by the law). In cases involving res ipsa loquitur, the attorney may only need to prove that the breach of duty was the cause of the injury and that the person suffered harm.
This gets very technical, but attorneys are sometimes able to use this to prove that medical negligence led their client to come to harm. In cases involving cerebral palsy, for instance, they may be able to establish that the child would’ve never had cerebral palsy if it wasn’t for the negligence of the doctor, and establish that the child, indeed, does suffer a brain injury and that may be enough to get the jury to agree that the child deserves compensation.
The Law is Complex
One of the reasons that you may wish to talk to a cerebral palsy law firm about your situation—even if you haven’t yet decided whether or not you’re going to pursue a lawsuit—is because the law is full of complex concepts such as res ipsa loquitur. While most people feel that they have a pretty good understanding of the law, you must understand your limitations. Most cerebral palsy lawyers take these cases on a no-win, no-fee basis anyway, so there’s no financial risk in hiring an attorney.
The law is full of tricky language and complicated concepts, and even though this may dissuade some people from pursuing a lawsuit, realize that many of those concepts work in your favor.
The key element in getting the compensation your child deserves is making sure you have an attorney who is well-versed in the law and who understands how it applies to birth injury cases. Seek out a free consultation today by calling us at 1-855-833-3707.